Ricardi

Steven Louis Ricardi was convicted by a jury in December 1988 of second degree drunk driving murder and other offenses arising from an accident on August 29, 1987, in which Ricardi’s vehicle crossed the center divider of a highway and collided with a car driven by 15-year-old Katrina LaMar, who was killed in the accident. We reversed the murder conviction in People v. Ricardi (1990) 221 Cal.App.3d 249 [ 270 Cal.Rptr. 425 ], on the ground that Ricardi’s defense had been prejudiced by the court’s refusal to instruct the jury with CALJIC No. 4.21 (relevance of voluntary intoxication to specific intent). Ricardi has now been retried and convicted of second degree murder by a second jury. Ricardi challenges this conviction on various grounds, all of which lack merit. We affirm.

I. Facts

The testimony at trial covered: Ricardi’s lengthy history of drunk driving; his participation in various alcohol treatment programs; the events of August 29, 1987; and the effects of alcohol intoxication generally.

Ricardi was convicted of driving under the influence of alcohol six times prior to the fatal accident in this case. These convictions occurred in 1973, 1974, 1979, 1981 and twice…